Item 6 - Ordinance Prohibiting Entry Upon Business Property _,GENDA REPORT -^-� ,�qr
CITY OF POWAY
T y
yf C� IN TNE ��J��
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manager •
INITIATED BY: Stephen M. Eckis, City Attorn�l<
J. C. LaSuer, Sheriff's Captain
DATE: December 23, 1986
SUBJECT: Ordinance prohibiting entry upon business property
BACKGROQND
The problem of juveniles and young adults entering upon and
remaining in and around the parking lots of private businesses
within the City of Poway has recently been brought to the
attention of the Poway City Council by various members of the
business community. The City Council referred the matter to the
Sheriff's Department for review and recommendation. On October
17, 1986, a report was prepared by the Sheriff, discussing the
nature oE the problem and the costs to the public associated with
the problem.
Upon review of the report dated October 17, 1986, the City
Attorney has prepared the proposed ordinance attached hereto
which is patterned after a similar ordinance presently in use
within the City of San Diego.
RECOMMENDATION
If the City Council desires to adopt the proposed ordinance, read
title and waive further reading, continue the public hearing and
set second reading.
ACTION:
�I DEC 2 3 1986 ITEM b
1 of 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA -
ADDING CHAPTER 8. 06 TO THE POWAY MUNICIPAL CODE
PROHIBITING ENTRY UPON OR USE OF PRIVATE BUSINESS
PROPERTY WITHOUT THE CONSENT OF THE OWNER
WHEREAS, the use of private business premises open to the
general public for purposes contrary to the functions and
services provided thereon without the consent of the owner or
operator thereof is contrary to the public health, safety, and
welfare, creates pedestrian and vehicular traffic problems,
generates litter, disrupts the lawful business transacted upon
the premises, and encourages breach of the public peace; and
WHEREAS, unauthorized reentry upon such premises by a person
who has been requested to leave is similarly contrary to the
public interest .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 8.06 is hereby added to the Poway
Municipal Code to provide as follows :
8.06.010 Use of property prohibited. No person shall
have the right to use privately operated business
premises which are open to the general public for any
purpose which is contrary to the functions or services
provided thereon without the consent of the owner,
operator or agent thereof. It shall be unlawful for
any person so using such property to refuse or fail to
leave such property upon being requested to leave by
the owner, operator or agent thereof.
8.06.020 Reentrv orohibited. It shall be unlawful
for any person without the permission of the owner,
operator or agent of privately operated business
premises which are open to the general public to enter
upon such premises within forty-eight (48) hours after
having been requested by the owner, operator or agent
thereof to leave therefrom pursuant to the provisions
of Section 8.06.010.
8.06.030 Exceptions. The provisions of this section
shall not apply in any of the following instances:
A. Where their application results in or is
coupled with an act prohibited by the Unruh Civil
Rights Act or any other provisions of law relating to
prohibited discrimination against any person on account
of color, race, religion, sex, creed, ancestry or
national origin;
oEC z s �9as lTEM b
Z of 3
Ordinance No.
_ Page 2
B. Where their application would result in an
interference with or inhibition of peaceful picketing
directed toward the business establishment, lawful
labor activities, or peaceful political activities;
C. where their application results in or is
coupled with an act prohibited by Section 365 of the
California Penal Code or any other provision of law
relating to duties of innkeepers and common carriers;
D. Where the person who is upon the privately
operated business premises which are open to the
general public is present under claim or color of legal
right.
This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of
fifteen (15) days after its passage, it shall be published once
with the names and members voting for and against the same in the
Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 23rd day of December, 1986,
and thereafter PASSED AND ADOPTED at a regular meeting of said
City Council held the day of , 1987, by
the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Bruce J. Tarzy, Mayor
Marjorie K. Wahlsten, City Clerk
3 °f 3 �E� � � ��8t JT � h9 .